public search of trade marks - Knowing The Best For You
public search of trade marks - Knowing The Best For You
Blog Article
Trade Mark Search in India Made Easy: A Guide to Quick and Effective Checks
Understanding Trademark Search in India
A trademark search means reviewing existing registered or pending trademarks in the government-maintained database maintained by the Trade Marks Registry of India. This process helps verify whether your desired trademark is free to use or if it interferes with any existing mark.
Performing a trademark search at the beginning of the branding process minimises the risk of legal violation and ensures your brand identity remains distinctive and legally protected.
Why Checking Trade Marks Before Filing Matters
Doing a trade mark search prior to filing is not just wise—it’s critical for avoiding problems. A careful search lets you:
- Prevent selecting already-used marks
- Reduce costs from rejected applications
- Avoid legal fights
- Preserve distinctiveness
- Speed up the registration process
Without careful checking, your trademark application might be denied, wasting time and resources.
Steps to Do a Trademark Check in India
The Trade Marks Registry provides an official platform where anyone can run a trademark search. To search:
- Visit the Trade Marks Registry website
- Open the public search section
- Type your brand name or logo text
- Select the correct class
- Browse the list
This tool gives you visibility into both registered trademarks and pending applications, so you know where your brand stands.
Understanding Trademark Classes
Each trademark falls under a specific class. In India, there are 45 trademark classes—34 for goods and 11 for services. Identifying the proper class ensures your search is focused.
For example, apparel brands usually fall under Class 25, while software tools often go under Class 9. Understanding this system is key to getting relevant results.
Why You Should Do Both Phonetic and Wordmark Searches
When checking for trademark availability, run both wordmark and phonetic searches. A literal match check looks for same or close spellings. A sound-based check finds names that sound alike, even if spelled in a different way.
This helps you catch trademarks that could pose legal issues, giving you better peace of mind before applying.
Where to Do Trademark Searches
The Controller General of Patents, Designs, and Trade Marks provides a free, government search tool. There are also third-party platforms that offer advanced features like:
- Search filters
- Legal guidance
- Detailed reports
These tools make the process easier for small businesses and give confidence that your trademark is clear to register.
Trademark Search for Logo and Device Marks
If your brand identity uses a logo, you must perform public search tm a device mark search. Searching logos is more complex than wordmark searches, but the government system supports image-based filters and keyword tagging.
This ensures your design or icon doesn’t conflict with another registered design, keeping your brand safe.
Professional Assistance for Trademark Search
While individuals can check trademarks, a trademark attorney brings clarity to the process. Professionals:
- Understand classification systems
- Identify hidden risks
- Recommend changes
- Support filing and follow-up
For serious businesses, professional support adds accuracy and peace of mind.
From Search to Registration: Next Steps
Once your search confirms the mark is available, you can start the application process. This includes:
- Preparing documents
- Selecting classes
- Submitting payments
The process then enters examination, publication, and if no objections arise, your mark is officially registered.
Conclusion
An early trademark search in India is the most important step in securing your identity. It ensures your name, logo or slogan are unique, protected by law, and fit for filing.
With easy-to-use tools and expert help, anyone can conduct a trademark search. Begin with clarity—because a strong brand needs a strong foundation. Report this page